THURSDAY, JUNE 7, 2012
Thursday, June 7, 2012
(Statewide Session)
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 10:00 A.M., the hour to which it stood adjourned, and was called to order by the ACTING PRESIDENT, Senator ANDERSON.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
The writer of Ecclesiastes tells us that:
“What has been will be again, what has been done will be done again; there is nothing new under the sun.” (Ecclesiastes 1:9)
Bow in prayer with me, please:
O Lord, once again we find the writer of Ecclesiastes weaving some rather melancholy if not depressing phrases into his text. It is true that some of what is debated and discussed and acted upon in this Chamber echoes of past work, of matters that are not necessarily new. Yet all the more do we praise You, God, for the labors of these servants, for their determination to bring the very best results possible for South Carolina and for every woman, man, and child whom these Senators are called to represent. May all that has been determined throughout this year be of benefit and to Your ultimate glory, Lord. In Your loving name we pray.
Amen.
The ACTING PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
MESSAGE FROM THE GOVERNOR
The following appointments were transmitted by the Honorable Nikki Randhawa Haley:
Statewide Appointment
Initial Appointment, State Inspector General, with term coterminous with Governor
Patrick James Maley, 1225 Braemer Court, Birmingham, AL 35242
Referred to the Committee on Judiciary.
Local Appointments
Reappointment, Dillon County Board of Voter Registration, with the term to commence March 15, 2012, and to expire March 15, 2014
Melissa Thompson, 801 East Roosevelt Street, Dillon, SC 29536
Reappointment, Horry County Board of Voter Registration, with the term to commence March 15, 2012, and to expire March 15, 2014
Joseph C. Hetzer, 305 Ocean View Road, Myrtle Beach, SC 29572
Reappointment, Horry County Board of Voter Registration, with the term to commence March 15, 2012, and to expire March 15, 2014
Maurice D. Jones, 4525 Canal Street, Loris, SC 29569
REPORT RECEIVED
Joint Transportation Review Committee
Post Office Box 142
Columbia, SC 29202-0142
June 7, 2012
The Honorable Jeffrey S. Gossett
Clerk of the Senate
South Carolina Senate
Columbia, South Carolina
The Honorable Charles F. Reid
Clerk of the House
South Carolina House of Representatives
Columbia, South Carolina
Re: Notice of Initial Findings of Qualifications for the First District SCDOT Commission
Dear Mr. Gossett and Mr. Reid:
The Joint Transportation Review Committee reconvened on June 7, 2012 to consider the qualifications of applicants for the South Carolina Department of Transportation Commission. The Committee found the following individuals qualified to serve on the Commission.
First District:
Mr. Dana Beach of Charleston
Mr. James H. “Jim” Rozier of Moncks Corner
Mr. Kenneth R. Willingham of Mount Pleasant
Mr. James M. Wooten of Murrells Inlet
Unless otherwise notified, the JTRC will release a final report of qualifications at 12:00 p.m. on Sunday, June 10, 2012. Candidates may not solicit votes until after 12:00 p.m. on Sunday, June 10, 2012. Members of the General Assembly may not pledge their vote until after 12:00 p.m. on Sunday, June 10, 2012.
Thank you for your attention to this matter. Please do not hesitate to contact us if you have any questions.
Sincerely,
/s/ Lawrence K. Grooms, Chairman
/s/ James H. Lucas, Vice-Chairman
PRESIDENT PRESIDES
At 10:17 A.M., the PRESIDENT assumed the Chair.
Doctor of the Day
Senators JACKSON and SCOTT introduced Dr. Beverly Simons of Columbia, S.C., Doctor of the Day.
Leave of Absence
At 10:15 P.M., Senator PINCKNEY requested a leave of absence from 11:15 A.M. - 1:00 P.M.
NONCONCURENCE
H. 4813--GENERAL APPROPRIATIONS BILL
The House returned the Bill with amendments.
Senator LEATHERMAN moved to nonconcur in the House amendments.
The question then was the motion to concur in the House amendments.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Ayes 1; Nays 34
AYES
Bright
Total--1
NAYS
Alexander Anderson Bryant
Campbell Campsen Cleary
Courson Cromer Davis
Fair Grooms Hayes
Leatherman Leventis Lourie
Malloy Martin, Larry Martin, Shane
Massey Matthews McGill
Nicholson O'Dell Peeler
Pinckney Reese Rose
Scott Setzler Sheheen
Shoopman Thomas Verdin
Williams
Total--34
The motion to concur failed.
The Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
Message from the House
Columbia, S.C., June 7, 2012
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 4813--GENERAL APPROPRIATIONS BILL
asks for a Committee of Conference, and has appointed Reps. White, G.M. Smith and Ott to the committee on the part of the House.
Very respectfully,
Speaker of the House
Received as information.
H.4813--CONFERENCE COMMITTEE APPOINTED
H. 4813--GENERAL APPROPRIATIONS BILL
Whereupon, Senators LEATHERMAN, LAND and VERDIN were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
NONCONCURRENCE
H.4814 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 20112012, TO PROVIDE REPORTING REQUIREMENTS WITH RESPECT TO A SPECIFIC APPROPRIATION, AND TO ALLOW UNEXPENDED FUNDS APPROPRIATED TO BE CARRIED FORWARD TO SUCCEEDING FISCAL YEARS AND EXPENDED FOR THE SAME PURPOSES.
The House returned the Joint Resolution with amendments.
Senator LEATHERMAN moved to nonconcur in the House amendments.
The question then was the motion to concur in the House amendments.
A roll call vote was ordered.
Objection
Senator BRIGHT asked unanimous consent to make a motion to carry over the Joint Resolution.
Senator SETZLER objected.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Ayes 0; Nays 31; Present 3
AYES
Total--0
NAYS
Alexander Anderson Bryant
Campbell Cleary Courson
Cromer Davis Fair
Grooms Hayes Hutto
Knotts Leatherman Leventis
Malloy Martin, Larry Matthews
McGill Nicholson O'Dell
Peeler Pinckney Reese
Rose Scott Sheheen
Shoopman Thomas Verdin
Williams
Total--31
PRESENT
Bright Campsen Martin, Shane
Total--3
The motion to concur failed.
The Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
Statement by Senator SHANE MARTIN
I voted “Present” because no one could tell me what the House amendments were. How can I be asked to cast a vote of “Yes” or “No” when there isn’t any paperwork to show me what amendments the House made? Other members tried to carry over the Joint Resolution in order to receive the proper paperwork, but were denied.
Message from the House
Columbia, S.C., June 7, 2012
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H.4814 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 20112012, TO PROVIDE REPORTING REQUIREMENTS WITH RESPECT TO A SPECIFIC APPROPRIATION, AND TO ALLOW UNEXPENDED FUNDS APPROPRIATED TO BE CARRIED FORWARD TO SUCCEEDING FISCAL YEARS AND EXPENDED FOR THE SAME PURPOSES.
asks for a Committee of Conference, and has appointed Reps. White, G.M. Smith and Ott to the committee on the part of the House.
Very respectfully,
Speaker of the House
Received as information.
H.4814--CONFERENCE COMMITTEE APPOINTED
H.4814 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 20112012, TO PROVIDE REPORTING REQUIREMENTS WITH RESPECT TO A SPECIFIC APPROPRIATION, AND TO ALLOW UNEXPENDED FUNDS APPROPRIATED TO BE CARRIED FORWARD TO SUCCEEDING FISCAL YEARS AND EXPENDED FOR THE SAME PURPOSES.
Whereupon, Senators LEATHERMAN, LAND and VERDIN were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Expression of Personal Interest
Senator BRIGHT rose for an Expression of Personal Interest.
Expression of Personal Interest
Senator LEVENTIS rose for an Expression of Personal Interest.
Privilege of the Floor
On motion of Senator KNOTTS and the Lexington County Senatorial Delegation, with unanimous consent, the Privilege of the Floor, to that area behind the rail, was extended to Mr. Elza Sanford “Sandy” Spradley, Jr. and his wife to honor him for his outstanding community and public service to Lexington County and the State of South Carolina.
INTRODUCTION OF BILLS AND RESOLUTIONS
The following were introduced:
S. 1588 -- Senator Elliott: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTURE OF SOUTH CAROLINA HIGHWAYS 9 AND 31 IN HORRY COUNTY “CONGRESSMAN JOHN W. JENRETTE, JR. INTERSECTION” AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS “CONGRESSMAN JOHN W. JENRETTE, JR. INTERSECTION”.
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The Concurrent Resolution was introduced and referred to the Committee on Transportation.
Recalled and Adopted
S.1588 -- Senator Elliott: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTURE OF SOUTH CAROLINA HIGHWAYS 9 AND 31 IN HORRY COUNTY “CONGRESSMAN JOHN W. JENRETTE, JR. INTERSECTION” AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS “CONGRESSMAN JOHN W. JENRETTE, JR. INTERSECTION”.
Senator ELLIOTT asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Transportation.
The Concurrent Resolution was recalled from the Committee on Transportation.
On motion of Senator ELLIOTT, the Concurrent Resolution was adopted, ordered sent to the House.
Recorded Vote
Senators VERDIN, RYBERG and GROOMS desired to be recorded as voting against the adoption of the Concurrent Resolution.
S. 1589 -- Senators Shoopman, Alexander, Anderson, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Courson, Cromer, Davis, Elliott, Fair, Ford, Gregory, Grooms, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, L. Martin, S. Martin, Massey, Matthews, McGill, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Rose, Ryberg, Scott, Setzler, Sheheen, Thomas, Verdin and Williams: A SENATE RESOLUTION TO CONGRATULATE MASTER AUGUST WADE SHOOPMAN, SON OF SENATOR AND MRS. PHILLIP SHOOPMAN, UPON THE OCCASION OF HIS GRADUATION FROM KINDERGARTEN AT BLUE RIDGE CHRISTIAN ACADEMY, TO COMMEND HIM FOR COMPLETING KINDERGARTEN WITH OUTSTANDING ACHIEVEMENTS, AND TO WISH HIM A VERY BRIGHT AND HAPPY FUTURE.
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The Senate Resolution was adopted.
S. 1590 -- Senators Shoopman, Alexander, Anderson, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Courson, Cromer, Davis, Elliott, Fair, Ford, Gregory, Grooms, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, L. Martin, S. Martin, Massey, Matthews, McGill, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Rose, Ryberg, Scott, Setzler, Sheheen, Thomas, Verdin and Williams: A SENATE RESOLUTION TO CONGRATULATE MISS CLARA MICHELLE SHOOPMAN, DAUGHTER OF SENATOR AND MRS. PHILLIP SHOOPMAN, UPON THE OCCASION OF HER ELECTION AS PRESIDENT OF THE BLUE RIDGE CHRISTIAN ACADEMY’S ELEMENTARY SCHOOL, TO COMMEND HER FOR COMPLETING THE SECOND GRADE WITH OUTSTANDING ACHIEVEMENTS, AND TO WISH HER A VERY BRIGHT AND HAPPY FUTURE.
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The Senate Resolution was adopted.
S. 1591 -- Senators Courson, Alexander, Anderson, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Cromer, Davis, Fair, Ford, Grooms, Gregory, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, L. Martin, S. Martin, Massey, Matthews, McGill, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Rose, Ryberg, Scott, Setzler, Sheheen, Shoopman, Thomas, Verdin and Williams: A SENATE RESOLUTION TO COMMEND THE HONORABLE DICK ELLIOTT FOR THIRTY YEARS OF DISTINGUISHED SERVICE IN THE GENERAL ASSEMBLY, UPON THE OCCASION OF HIS RETIREMENT FROM THE SOUTH CAROLINA SENATE, AND TO EXPRESS DEEP APPRECIATION FOR HIS CONTRIBUTIONS TO OUR STATE, TO THE GENERAL ASSEMBLY, AND TO HIS CONSTITUENTS.
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Whereas, the Honorable Dick Elliott has served the citizens of Dillon, Horry, Marion, and Marlboro Counties in the Senate for nineteen years with enthusiasm, devotion, and integrity; and
Whereas, he began his service in the House of Representatives for ten years from 1982 to 1992 before his election to the South Carolina Senate; and
Whereas, he was born September 26, 1935, the son of Marvin and Ara Elliott. As a young “lad” he attended Wingate Junior College from 1956 to 1958 and Clemson University in 1960; and
Whereas, Senator Elliott presently lends his expertise to six Senate committees: Agriculture and Natural Resources; Finance; Fish, Game and Forestry; Invitations; Rules; and Transportation; and
Whereas, he founded Elliott Realty in 1959 and today his son Rick ably runs the daily operations of the company; and
Whereas, he is the primary developer and owner of Eagle Nest Golf Club and Eagle Nest Estates, and he is an original founding shareholder of Beachwood Golf Club; and
Whereas, he has also served his community in many other capacities, a few of which include service as a Mason, Shriner, member of the North Myrtle Beach and Myrtle Beach Chambers of Commerce; Board of Visitors, Presbyterian College; United Way of Horry County Board; North Myrtle Beach Tourism Committee; District Governor, Lions Club; Horry County Airport Commission; South Carolina Association of Counties, 6th Congressional District Tourism Commission; Grand Strand Water and Sewer Authority; Horry-Georgetown-Williamsburg Planning Services Administration; North Myrtle Beach School Board of Trustees and Ocean Drive Planning and Development Board; and the North Myrtle Beach Jaycees; and
Whereas, he and his wife Anne Anderson Elliott are members of Ocean Drive Presbyterian Church where he has served as a deacon. They are the proud parents of three grown children, Richard, David, and Angela, and are the proud grandparents of three granddaughters, Madison, Caroline, and Blair; and
Whereas, Senator Elliott always strived for a “level playing field” for all citizens and was frequently known to say “let’s pull up a chair and talk” when compromise was needed; and
Whereas, the members of the South Carolina Senate will greatly miss the faithful service that Senator Elliott has brought to the State House and hope that he experiences many more days of health and happiness in his retirement. Now, therefore,
Be it resolved by the Senate:
That the members of the South Carolina Senate, by this resolution, commend the Honorable Dick Elliott for thirty years of distinguished service in the General Assembly, upon the occasion of his retirement from the South Carolina Senate, and to express deep appreciation for his contributions to our State, to the General Assembly, and to his constituents.